Asked in Personal Injury and Civil Litigation for California

Q: Filing for "Court" default judgment on Civil Unlimited failure to respond to S&C after POS by Sheriff some 26 days ago

Filed Civ Unlimited in Pro Per against Kemper Insured Def. Adjustors stone wall forcing me to file, filed to preserve statutes of limitations. Kemper most likely dropped insured from renewing coverage since accident. Insured cited for speeding causing rear collision. Def. served by Sheriff, has not responded to complaint. What is the best practice for presenting to the court the total costs incurred thus far for medical out of pocket, loss of earnings/wages and recommended ortho disc surgery costs and recovery? Appreciate all experienced suggestions as to proceeding smartly. Thank you.

2 Lawyer Answers
William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: If Kemper is the insurer for the other driver, you have no right to sue them and you won't be able to get a Default Judgment. Even if Kemper was an appropriate defendant, you have to wait 30 days to file a Request for Entry of Default. Your lawsuit, if any, is against the driver of the other vehicle. If you get a judgment against that driver, and Kemper refuses to pay, you can then file a lawsuit directly against Kemper.

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: If your statute of limitations has expired, you may be out of luck, unless you can add the driver to your current lawsuit as a doe defendant.

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